In this Part:
2006 amending Act means the Motor Accidents Compensation Amendment Act 2006.
19 Amendments concerning application of Act
An amendment made by the 2006 amending Act to Chapter 1 of this Act does not apply in respect of a motor accident that occurs before the commencement of the amendment.
20 Suspension and cancellation of registration
An amendment made by the 2006 amending Act to section 14 extends to a third-party policy issued before the commencement of the amendment.
21 Cap on insurer liability
Section 23A does not apply in respect of a liability arising in connection with a motor accident that occurs before the commencement of that section.
22 Nominal Defendant liability
An amendment made by the 2006 amending Act to section 33 or 34 does not apply in respect of a motor accident that occurs before the commencement of the amendment.
23 Contributions to Fund
(1) On and from the commencement of the amendments made by the 2006 amending Act to Part 8.4, an amount received into the Fund under that Part as an amount contributed by a licensed insurer is taken to have been received as an amount collected by the insurer on behalf of the Authority as Fund levy payable by persons to whom third-party policies were issued by the insurer.
(2) Any amount payable by a licensed insurer as a contribution to the Fund under Part 8.4 remains payable despite any amendment made to that Part by the 2006 amending Act and a provision of that Part that is amended by that Act continues to apply to and in respect of such a liability that accrued before the commencement of the amendment as if the amendment had not been made.
Part 6 Provisions arising from the Motor Accidents
Compensation Amendment (Claims and Dispute
Resolution) Act 2007
24 Definition In this Part:
2007 amending Act means the Motor Accidents Compensation Amendment (Claims and Dispute Resolution) Act 2007.
25 General operation of amendments
Except as otherwise provided by this Part or by regulations under this Schedule, an amendment made by the 2007 amending Act does not apply in respect of a motor accident that occurs before the commencement of the amendment.
26 Settlement conferences
Division 1A (Document exchange and settlement conference before claims assessment) of Part 4.4 extends to a claim made after the commencement of the Division even if the motor accident concerned occurred before that commencement. 27 Duty of insurers to make hospital, medical and other payments
An amendment made by the 2007 amending Act to section 83 extends to a claim made after the commencement of the amendment even if the motor accident concerned occurred before that commencement.
Motor Accidents Compensation Act 1999 No 41 [NSW] Schedule 5 Savings, transitional and other provisions
28 Provision of relevant particulars of claim
Sections 85A and 85B extend to a claim made after the commencement of those sections even if the motor accident concerned occurred before that commencement. 29 Medical assessment
An amendment made by the 2007 amending Act to Chapter 3 (Motor accident injuries) extends to a matter referred for assessment under Part 3.4 after the commencement of the amendment even if the motor accident concerned occurred before that commencement.
30 Duty of insurer to make offer of settlement
An amendment made by the 2007 amending Act to section 82 extends to a claim made after the commencement of the amendment even if the motor accident concerned occurred before that commencement.
31 Claims and assessment procedures
The following amendments and provisions extend to a claim made after the commencement of the amendment or provision even if the motor accident concerned occurred before that commencement:
(a) an amendment made by the 2007 amending Act to Part 2.4 (Uninsured or unidentified motor vehicles), Part 4.2 (Claims and other preliminary matters) or Division 2 (Assessment of claims) of Part 4.4,
(b) sections 85A (Duty of claimant to provide relevant particulars of claim) and 85B (Consequences of failure to provide relevant particulars of claim). 32 General regulation of court awards
An amendment made by the 2007 amending Act to section 123 extends to a claim made after the commencement of the amendment even if the motor accident concerned occurred before that commencement.
33 Standard of care of inexperienced driver
Section 141 (as inserted by the 2007 amending Act) extends to a claim made after the commencement of the section even if the motor accident concerned occurred before that commencement.
Part 7 Provision arising from the Civil Liability Legislation
Amendment Act 2008
34 Restrictions on compensation for attendant care services
An amendment made to this Act by the Civil Liability Legislation Amendment Act 2008 extends to liability arising, and to proceedings commenced, before the commencement of the amendment but does not apply to any proceedings determined before that commencement.
Part 8 Provisions arising from Motor Accidents Compensation
Amendment Act 2009
35 Extension of early payment scheme
Section 50, as amended by the Motor Accidents Compensation Amendment Act 2009, does not apply in respect of a motor accident that occurs before the commencement of that amendment.
36 Extension of bulk billing arrangements
Section 54, as amended by the Motor Accidents Compensation Amendment Act 2009, does not apply in respect of expenses incurred before the commencement of that amendment.
Part 9 Provisions arising from Motor Accidents Compensation
Amendment Act 2010
37 Definition In this Part:
amending Act means the Motor Accidents Compensation Amendment Act 2010. 38 Operation of amendment to definition of “motor accident”
The amendments made by the amending Act to the definition of motor accident in section 3 and to section 3A extend to an incident or accident that occurred on or after 1 October 2006, but not so as to affect any compromise or settlement of a claim, or any decision made by a court, before the date of assent to the amending Act. 39 Claims assessors
(1) A person (other than a member of staff or an officer of the Authority) who was designated by the Authority as a claims assessor before the substitution of section 99 by the amending Act is taken to have been validly appointed by that designation as a claims assessor.
(2) A person cannot challenge or otherwise call into question anything done or not done by a person referred to in subclause (1) on the basis that the person was not a claims assessor because the person was not validly appointed as a claims assessor.
Part 10 Provisions arising from Motor Accidents and Lifetime
Care and Support Schemes Legislation Amendment Act
2012
40 General operation of amendments
(1) An amendment made to this Act by the Motor Accidents and Lifetime Care and Support Schemes Legislation Amendment Act 2012 (the amending Act) applies in relation to any claim made on or after the relevant date, regardless of whether the claim is made in relation to past or future treatment and care needs.
(2) To avoid doubt, subclause (1) applies even if the motor accident concerned occurred before the relevant date or the claim relates to a person who was a participant in the Scheme under the Motor Accidents (Lifetime Care and Support) Act 2006 before the relevant date.
(3) In this clause:
claim includes a claim or request for payment in relation to treatment and care needs made to a licensed insurer or the Lifetime Care and Support Authority under the
Motor Accidents (Lifetime Care and Support) Act 2006.
the relevant date means the date of introduction into Parliament of the Bill for the amending Act.
The following abbreviations are used in the Historical notes:
Am amended LW legislation website Sch Schedule
Cl clause No number Schs Schedules
Cll clauses p page Sec section
Div Division pp pages Secs sections
Divs Divisions Reg Regulation Subdiv Subdivision
GG Government Gazette Regs Regulations Subdivs Subdivisions
Ins inserted Rep repealed Subst substituted
Motor Accidents Compensation Act 1999 No 41 [NSW]